straight up 5:00. good morning, everybody. thank you very much for joining us. i'm jon kelley. >> and i'm laura garcia-cannon. a marine from the south bay is dead this morning, his family on the way to palm springs looking for answers. police shot and killed a young marine based out of camp pendleton. he had just returned from war. bob redell joins us live in san jose with more. good morning, bob. >> reporter: good morning to you, laura. we have spoken with the father of allan devillena from here in san jose and he tells us and he thinks that his 22-year-old son would not have started a confrontation with police. he says he knew better. the family has already left their home here in san jose for palm springs where their son was shot and killed by police early saturday morning. it was two bicycle cops responding to loud voices in a parking garage in downtown. they recognized devillena from an earlier drunken public incident. when they ordered him and his

passenger out of the car, the marine drove off. police fired their weapons, hitting and killing devillena. >> after we collect the witness statements, the statements from the officers involved and the evidence at the scene, we'll have a better determination of what actually occurred, what was occurring in the minds of the officers and what led them to use their weapons in this incident. >> reporter: devillena's friend was not hurt. inside the car they found a stolen phone and atm card. devillena had recently returned from a tour in afghanistan and was weeks away from finishing his service in the marines. he was in town last week touring local colleges. he had a passion for music which is one reason why he wanted to study sound engineering. bob redell, "today in the bay." he founded what turned out to be a multimillion dollar anti-virus company in the silicon valley, but this morning john mcafee is a wanted man. authorities in central america

say he may have killed his neighbor. marla tellez is in the newsroom with the mcafee manhunt now under way. >> reporter: good morning. john mcafee sold his anti-virus company for about $100 million. fast forward almost 20 years later and he is now in hiding somewhere in central america. police in belize say the 67-year-old is a person of interest, wanted for questioning in the death of his neighbor, 52-year-old greg fall. fall was found shot to death over the weekend on his property in belize where he lives next door to mcafee. mcafee called "wired" magazine to declare his innocence, telling the reporter he believes the government has a vendetta against him. he tells the magazine, quote, under no circumstances am i going to willingly talk to the police in this country. you can say i'm paranoid about it, but they will kill me. there is no question.

this is not the first time mcafee has been in trouble with the law. earlier this year in april, his home was raided. officers confiscated weapons and found equipment to make antibiotics and antiseptics, which they are investigating. police say mcafee was arrested and released. as for fall, his neighbor who is now dead, mcafee says he knows nothing about that death. laura. >> thank you very much, marla. we have breaking news right now in daly city. evacuations are under way near hillside park due to a major water leak in that area. we're told there is a lot of debris in that area. we just got off the phone with the water department who says they have just arrived and they're working on the leak. christie smith is on her way to the scene as well. she'll bring us an update as soon as we know more. an autopsy today could provide more clues into the suspicious death of a man found dying in a trash can. 21-year-old joshua perez was

found inside a bin in front of the home of a family home sunday morning. he was alive but unresponsive. he died at the hospital. investigators and family members think he was drinking saturday night. they're trying to determine whether alcohol and pole the cold weather played a role in his death. a verdict is expected today in the trial of a san francisco man accused of violent sex assaults on women. prosecutors say frederick dozier attacked three women along the 24th street corridor in the mission district. that was between june and december of 2011. he allegedly grabbed the victims from behind and dragged them to se cloudcluded areas. he was arrested after police matched his dna to evidence from the crime scene. the san francisco police department honoring an officer killed in the line of duty 18 years ago today. the department will hold a memorial where he was gunned down back in 1994. he served a decade with the force and is survived by his two children. the public memorial begins at

6:00 tonight at the corner of pine and franklin streets. it is 5:05 right now. meteorologist christina loren is here to tell us that mother nature continues to keep it cool. >> yeah, she keeps it cool, as most women do. temperatures are nice and comfortable this morning. 37 in novato, 50 in stinson beach. overall we are running about five degrees warmer than yesterday. you know if you adjust the thermostat in your home just a little bit, it makes a substantial difference. 37 in gilroy and 41 right now out in livermore. we've got this area of low pressure lingering to our north. it's going to drop in as we head throughout the first part of the morning. by mid-morning it's going to clear out of here but we could get a little shower activity in the northernmost portion of sonoma county. 9:00 a.m., mostly cloudy conditions. those clouds will clear out of here by noon. lots of sunshine and today we'll hit the 70s. 72 degrees in livermore, 70 in santa teresa and 69 in san jose where we average about 67, so just a touch warmer than average. we'll warm up even more so

tomorrow and then the rain returns. we'll time that out for you coming up. 5:06. let's check on that drive with our highway man, mike inouye. >> the highways are looking all right except one in particular. 101, this is just fine underneath the 680 interchange. watch because in 45 minutes it's going to be crazy busy here it being a traffic tuesday and the first after a holiday monday so we'll track that. meanwhile the rest of the south bay looks just fine self-serving the speeds go in your northbound and southbound counter commute direction. take you to the santa cruz mountains, highway 9 has a problem at glen arbor. a car took out some wires and there's reports of a power outage in the same area, about 3,000 customers affected. it may or may not be the case but it will take three or four hours to clear. you might be able to get on to glen arbor and use it as an alternate but that will mean disruption for the morning drive.

you'll have to get over to 17 likely. live look outside across the bay bridge here with the tiny little red lights. that's good news. tiny bit of traffic on the upper deck. no problems between the city and oakland. back to you guys. >> thank you very much. the grand opening of the devil slide bypass tunnels is now being delayed. caltrans pushing back the date into early 2013. county officials say they need more time to perform safety and electronic testing. the two tunnels cut through a mountain between pacifica and half moon bay and by passes a stretch of highway 1 which is certainly prone to landslides. it is 5:07. an extramarital affair may not have been the only downfall for david petraeus. this one gets deeper and deeper. this morning there's word another woman was involved in the affair that led to the resignation of the four-star general. we'll have a live report from washington still ahead. and later, black friday may be too late.

why stores are now cashing in on turkey thursday and why some say it could come even earlier next year.

good tuesday morning to you. taking a live look outside, beautiful look from the south bay this morning, all glistening and lit up in san jose. we're look at the forecast coming up with christina. 5:10. >> moving right along. it is another tuesday and that means another big release of a video game. this time call of duty black ops 2 happened just a few hours ago. scott mcgrew, practically as big as the iphone release. >> it really is. these franchises sell billions of dollars of product. the last call of duty became the best-selling thing in modern history. better selling than harry potter books.

per unit it was better selling than the iphone. the interesting twist as gamers load this game into their xboxes, they're discovering one of the characters in the game is, wait for it, david petraeus. there's no indication that he actually participated in the making of the game, but he's in there. meanwhile, san jose's cisco systems will report profits after the bell as washington worries about the fiscal cliff. let's turn to seema mody live at cnbc world headquarters. >> reporter: good morning, guys. let's take a look at the markets. futures lower after stocks stalled out on monday. the markets appear to be treading water before budget talks begin on friday as the white house and congress try to reach a deal to avoid, as you called it, the fiscal cliff in january. we get the monthly federal budget statement this afternoon and earnings today from home depot, sak's and cisco systems. the dow falling a third of a point to close at 12,813 and the

nasdaq losing just a fraction to close at 2904. thanksgiving becoming the new black friday. toys r us will open its days on turkey day at 8:00 p.m. an hour earlier than last year. target will turn the lights on at 9:00 p.m. last week walmart said it would open at 8:00 p.m., two hours earlier than last year. sears will open at 8:00 and stay open until 10:00 p.m. on friday. k-mart is getting the earliest jump opening from 6:00 a.m. to 4:00 p.m., taking a dinner break and then reopening at 8:00 p.m. >> in fact, jon and laura, target employees very upset about the plan she was talking about. we'll talk about their response in just a bit. did you see this, the tesla model s named motor car -- motor trend's car of the year.

the all electric sedan built right here in the bay area, they get a lot of support. the founder also sends spaceships to the space station. about the only guy who doesn't like tesla is former presidential candidate mitt romney. remember he called the company a loser. well, "motor trend" disagrees. >> be interesting to see if that will help sales. those things are still pretty expensive. >> 50,000 plus but they're gorgeous. >> they are very nice cars. >> and you've ridden in one, right? >> yes, i have. >> you both have. maybe one day you'll take me for a ride. scott, thank you very much. you take me for a ride every day on this show. christina loren, what weather ride are we on? >> once i took a ride in a gremlin. >> my old baseball coach had one. >> i don't know who laura and scott are hanging out with but we need to hang on to their coat

tails. chr crystal clear conditions. no fog to report in san francisco or daly city so keep that in mind. you don't have to worry about fighting through the low clouds to get to work this morning. 48 degrees in san francisco, an abbreviated workweek for many. we're going to start out that abbreviated workweek with gorgeous weather and gorgeous conditions the next couple of days. 37 in gilroy, 41 in livermore. i really want to emphasize how nice it's going to be because we've got a lot of rain on the way toward the end of the week. as we head throughout the day we'll continue to see our winds shift to the north-northeast. that's offshore flow. as we head throughout the next couple days, high pressure really takes hold. this will bring your temperatures up, keep us nice and comfortable. look at your readings, 73 in fairfield, 72 in gilroy, 69 in san jose and 68 in san francisco. beautiful in the city by the bay as we head throughout the next couple of days. we do have rain on the way

thursday into friday. by monday a lingering shower but we're expecting some things to change. there's a really tricky area of low pressure that we're watching. if it rides far enough to the south we could be talking about a subtropical moisture tap and a lot of rain. we're going to keep our eye on that for you. 5:15. someone who's always keeping his eye on your drive, he wants you to get to work on time. mike inouye, ladies and gentlemen. >> thank you, thank you. crickets. thank you, jon, pity clap. 101, there's a little construction north of the golden gate and also getting off of the bay bridge. typical getting into or out of the city, no real problems here. now, san francisco international airport is in san bruno right by the airport, reports of some debris on the southbound side of 101. you might find a little slowing. in fact there are a couple of reports of people swerving to avoid whatever is in the roadway. i'm waiting for more details from chp. i don't see any slowing in the southbound direction down the peninsula. we'll look at the east shore freeway and show you how

westbound 80 is doing down off of the carquinez bridge, you're basically at the limit university avenue all the way through berkeley. no backup at the bay bridge yet. it's traffic tuesday so we expect a heavy volume there. the commute not so bad out of the altamont and in through livermore. construction eastbound, that's counter commute, and that should be cleared up without any problem. we do have an accident west 580 right around mountain house. the reason i'm concerned about this, it looks like it's backing up a lot of folks. there's appear overturned vehicle reported here. no major injuries. once this clears, that's going to let all these folks over here. that's the reason for our little delay through livermore. take the advantage if you can coming through the tri-valley. i want to hit the road now because you've got a nice, easy drive so far. looking outside with the south bay with 101 looking at the northbound route. got another half an hour until we see any major slowing. overall the south bay looking really good, guys, so we'll send

it back to you. thank you very much. the driver who lost control of his car and plunged off a freeway overpass in pinole could face felony dui charges. we showed you this picture yesterday. pretty remarkable that anybody walked away. that car crashed through a concrete barrier dropping about 25 feet onto interstate 80. the driver was arrested and he and his passenger suffered minor injuries. it is 5:17 right now. congress finally getting back to work this morning with a lot to take care of following a long seven-week election break. on top of that to do list, of course avoiding the fiscal cliff. if there's no action by january 1st, the national budget will hit a double whammy. that is not good. tax increases and automatic spending cuts kick in. experts a lawmakers have to get to work very fast because these negotiations could take several weeks. meantime, the president trying to pressure congress into acting fast. he's meeting with labor leaders later on today. labor unions want lawmakers to

raise taxes on the wealthy and prevent health benefit cuts to seniors. tomorrow the president will hold a news conference to outline what he would like to see accomplished during the final months of this year. meantime we are getting a better idea of what president obama will place in his cabinet for the second term. "washington post" reports the president is considering massachusetts senator john kerry for his next secretary of defense. kerry would replace current secretary of defense leon panetta. the u.s. ambassador to the united nations, susan rice is considered the top candidate to replace hillary rodham clinton as secretary of state. john brennan, the chief counterterrorism adviser, is the leading contender to fill the spot left open by the resignation of cia director david petraeus. space enthusiasts looking to the sky this morning or maybe their computer screens to catch a glimpse of a total solar eclipse. it starts later on this morning but will only be visible for a few minutes from australia.

most of the path stretches over an empty span of that pacific ocean. you can still watch it via the internet, which is always cool. the camera, a robotic telescope, will stream the eclipse live starting at 11:30 this morning. that's a look at the website right there on your screen so check it out. a different kind of eclipse happening in los angeles as "twilight" fans crowded the walkways outside the nokia theater hoping to get a glimpse of the stars. last night was the world premiere of "breaking dawn part 2." the final film in the "twilight" series. some 2,000 twihards walked and cheered as their favorite stars walked the red carpet. it opens nationwide on friday. some of those fans were camped out for days over the weekend. >> the true fanatics. >> have fun, kids. it is 5:19 right now. coming up, the traffic backup the new outlet mall in livermore. it has a lot of people angry.

what police have to say about the matter. let's take a live look outside. golden gate bridge this morning. traffic moving smoothly at least from this vantage point. mike taking a look at the commute across the bay area. a lot more ahead. stick around.

good morning. welcome back, everybody, on a tuesday morning. we give you a live look from san jose, the hp pavilion. the good news from the nhl, last night the league induct its latest members into the hall of fame. the bad news, the hockey season remains on ice. still no progress, no talks scheduled coming up between the labor union and the owners. the lockout is still on. we will keep you posted if, if there's anything good to report. even if it's bad i guess we'll report it. it is 5:22. the executive director for the port of oakland is leaving his post. omar benjamin submitted his

letter of resignation yesterday. benjamin was in hot water after he was found to be a part of a group that ran up a $4500 tab at a texas strip club. the bill was paid for by the port of oakland. benjamin was being investigated over those expenses. governor jerry brown will attend a meeting of the csu board of trustees today as they discuss a new fee proposal. today's meeting comes just a week after voters passed prop 30 which was touted as a way to avoid more tuition increases. it would charge extra for csu students who take more classes than they actually need. csu trustees say it's meant to encourage students to graduate on time and make way for more incoming freshmen. students plan to protest today's meeting in long beach. now, if approved, those new fees would take effect next fall. that now outlet mall in livermore is causing a lot of

headaches for drivers but retailers are not complaining. new numbers reveal record opening day sales for a lot of the stores in that paragon outlet mall. preliminary numbers showing about 350,000 cars stopped by the mall between thursday and sunday. we have a look here of that backup last thursday. yeah, people love sales. that was caused by that grand opening. all the shoppers, very good for business, but locals not too thrilled by the masses. some say the commute has almost doubled with the opening of this mall. the chp, local police and caltrans say they continually address the traffic hot spots and they could change some things there to try to ease that traffic flow. >> a lot of traffic through there. >> going into the holiday season, well timed. >> a lot of deals. time to check the forecast for today with meteorologist christina loren. how are we looking? >> oh, we're looking good. i want to take you through your city-by-city forecast and take you through all of the zones, the microclimates across the bay area. 72 in morgan hill today, 69 in

milpitas. take you into the east bay tri-valley region where we'll see some of our warmest readings. 72 in livermore. take you across the bay bridge now, san francisco today a comfortable 68 degrees. skype up in santa rosa and about 64 degrees, which means you could actually hit the beach in half moon bay this afternoon. wherever you're headed right now, mike knows what to expect on the road. >> over the water with the bay bridge, a very nice, easy drive right now. traffic tuesday, we expect things to really hit hard over the next 45 minutes coming toward the bay bridge but right now the feeder routes and the maze are okay. we'll look at the maps and show you this is westbound highway 4 already showing slowdown which is typical through antioch. reports in just a few minutes ago of an eight-car accident blocking only one lane, westbound at summersville so all the details don't sound like they're in but chp is getting there. we see some slowing and more build. a note for folks coming from antioch in towards summersville. west 580 out of the altamont

starting to see a little slowing through livermore. it's a little lighter right now largely in part because of this accident, a sig alert westbound 580 passing mountain house. we have a few cars involved in and one lane blocked so it's causing a big backup holding folks back so they can't get through the altamont and towards livermore. once that clears i'll let you know. south bay looking really good for your northbound routes, not showing any slowdowns. we'll see the first burst in about 15 minutes. and the power outage closing glen arbor on highway 9. a bay area school district getting ready to reconsider the way it deals with reports of sexual abuse after a recent lawsuit filed by a former student. right now let's take you outside. that is live look at highway 80, emeryville. traffic picking up early but it looks thick heading in one direction. we'll check it out and tell you about it coming up. 5:27. back in a matter of minutes. [ female announcer ] welcome, one and all,

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he made a fortune in silicon valley with is anti-virus software company. this morning he's a person of interest in a homicide investigation. good morning, i'm marla tellez. i'll have the latest on the manhunt for john mcafee coming up. also a neighbor speaking out after an up tick in violence around their neighborhood. grab that coat, you might need your umbrella. we're still slated to hit the 70s. your full forecast in just moments. we're bracing for that traffic tuesday but i'll tell you how the accident on 580 is messing with the tri-valley commute. and taking a live look outside this morning. you made it to tuesday, november 13th. this is "today in the bay." good morning to you and thanks for joining us. it's 5:30. i'm laura garcia-cannon. >> and i'm jon kelley.

good morning, everybody. the man behind a multimillion dollar company in silicon valley is in hiding this morning, refusing to talk to police in central america after his neighbor is found dead. marla tellez is in the newsroom with more on the manhunt for john mcafee. good morning, marla. >> reporter: good morning. mcafee antivirus software is a household name when it comes to computer security. this morning the 67-year-old who used some of his $100 million fortune to retire in tropical belize is now wanted for questioning in the death of his neighbor, 52-year-old greg fall. fall was found shot to death at his beachside property sunday. monday police in belize declared mcafee a person of interest. mcafee, who says he knows nothing about the death is now in hiding. he contacted "wider" magazine to declare his innocence saying he's worried whoever shot his neighbor may have actually been aiming for him. he told the reporter, quote, i thought maybe they were coming for me.

they mistook him for me. they got the wrong house. he's dead. they killed him. it spooked me out. macafee says the blees government has a vendetta against him and he refuses speaking to police. he told a belize television station he has hired security. yeah, i hire off duty officers. who wouldn't in my position. and the final thing, i have an officer living on my compound. it makes me feel safe. >> reporter: back in april mcafee's home was raided by police. officers confiscated weapons and made equipment to make antibiotics and antiseptics. he tells "wired" magazine he likes it in belize and has no plans to leave the country. >> thank you very much, marla. it is 5:31. four people are in custody this morning following a shooting in menlo park that has neighbors and residents concerned. it happened yesterday before

noon. investigators say while making the arrest they stumbled upon a stash of guns, drugs and numerous shell casings. in the last few weeks menlo park has seen an uptick in violence. two vehicles ago four people were shot in a drive-by shooting. the violence has concerned and fearful neighbors speaking out. >> my family and all of the youngsters that are killing and shooting each other, hopefully maybe this can all come to an end one day hopefully soon. >> no one died in the shootings. investigators say they're still not clear what triggered it all. meantime police in contra costa county blaming road rage for a fight between two driver that say led to one of them being shot. just before noon yesterday two cars collided near greenwood drive and greenwood court. the chp says both drivers got out of their cars, started arguing. one of them pulled out a gun and opened fire. that shooter right now remains on the run. the other driver feeling very

fortunate in the hospital but expected to survive. the moraga school board is planning to revise the way suspected child abuse cases of reported to the district. they will discuss revisions at a meeting tonight. the newly formed safety committee has been working on the policy. they will also discuss a lawsuit filed by a former student and the vacancy left by the board president, dexter lui. tonight's meeting is at 7:00 p.m. at the intermediate school. another brisk start to the day but meteorologist christina loren says actually it's a little warmer that yesterday, right? >> it certainly is, jon kelley. good morning to you at home. starting with a live look at san francisco. you can't see from this picture clouds serving as a blanket over the greater bay area this morning. same goes for san jose. we've got good air quality courtesy of the showers that rolled through last week and there is more rain on the way as we get into the second halftime of the week. we're at 46 in oakland right now, 44 in san mateo, 48 degrees in san francisco and 39 degrees

in monterey. as we head throughout the day today, temperatures are going to struggle to reach the mi 60s by noon but it will happen. it's a little chilly this morning so it will take a while for that cool air to mix out. more importantly we have showers on the radar this morning. also expecting more of that activity about 6:00 a.m. grab your umbrella up there. expecting some drizzle. but areas to the south of the golden gate bridge should stay nice and dry. we'll see those clouds clear out by about noon and look at our numbers today. 72, just perfect in livermore. 69 degrees in fremont and 69 right here in san jose. seven-day outlook tells the story. we'll tell you when the rain is slated to hit the house. first we want to check your drive. we have kind of a weird commute going on. it's tuesday after a holiday so we expect a heavier burst of traffic around 6:00. but this is fremont where things are holding pretty steady for

880. much farther east let me show you the maps and what's going on here. for 580, westbound 580 coming out of mountain house and heading toward the altamont pass we do have an accident blocking the eastbound lanes and one of your westbound commute direction lanes. the arrow shows the backup and the red approaching the merge with 205. why this is a concern even though it's out of the area for a lot of our folks, it does affect livermore. it's actually lighter there. that's a bonus for folks this traffic tuesday, bringing you back after the hholiday, you ca take it easy for 580 right now. i'll keep track. when they clear that sig alert, you'll see a lot of folks flooding through the tri-valley and i'll try to give you fair warning. you see the san mateo bridge with a nice easy drive. westbound picking up the volume but not a problem over to the peninsula. 101 and 280 moving smoothly still along that stretch. a live look at the bay bridge as well. with the backup starting to form in a couple of cash lanes, we're seeing some folks waiting from time to time. a bigger volume but the east shore freeway and the approach

off the maze moving very smoothly and no metering lights yet. a very special reunion today for three oakland police officers and a baby boy they helped bring into the world just four days ago. here's the story. this one all started at a gas station in nolan park friday night when a man flagged down the officers saying his wife was in labor. those officers jumped right into action and were happy to deliver a healthy baby boy. his name, appropriately, knonol. today the family will thank the officers. and since the baby was born just across the street from the oakland zoo, his family now getting a one-year free membership to the park. >> and they'll go there often no doubt. 5:36. new details overnight in the scandal involving former cia director david petraeus. a live report is next. >> reporter: i'm bob redell. we're live in the south bay where a father is trying to understand how his marine son would end up being shot and

killed by police. that story coming up. right now a live look. the illuminated embarcadero from san francisco. not a lot of traffic flowing out there. mike will tell you about the road and christina loren telling about a day that's creeping up a little in the temperature department. back in a matter of minutes. 5:37.

it is 5:39 right now. a san jose family wanting answers after learning their loved one was shot by palm springs police over the weekend. he was a young marine living in twenty-nine palms and just pack from afghanistan. bob redell has the latest on this sad story. good morning. >> reporter: good morning to you, jon. an the family whose home here is in san jose, they have left for palm springs to try to get those answers. that's where their marine son, 22-year-old allan devillena was

killed by police early saturday morning. there's two bicycle cops who were responding to loud voices they heard in a parking garage around 2:00 a.m. they recognized devillena from an earlier public drunken incident. when they ordered him and his passenger out of his car, the marine drove off, hitting one of the officers while the other hung out of the passenger window. that's when police fired their weapon weapons, hitting and killing devillena. we have spoken with his father. he doesn't think he would have started a confrontation, he's smarter than that. he >> he's got a lot of friends. very popular. >> reporter: that was devillena's father by cell phone interview. his friend was not hurt. inside the car they found a stolen phone and atm card.

devillena had recently returned from a tour in afghanistan and was just weeks away from finishing his service in the u.s. marines. he was in town last week touring local colleges. he had a passion for music, which is one reason he wanted to study sound engineering. reporting live here in san jose, bob redell, "today in the bay." there are now developments in the extramarital affair that led to the resignation of david petraeus. another general and a second woman now involved in that scandal that has turned capitol hill upside down. beltway insider tracie potts is live on capitol hill with new details on what's becoming a very bizarre investigation. good morning. >> reporter: jon, good morning. actually it's the same woman who launched the initial fbi investigation that led to the resignation of general david petraeus. she is jill kelly. apparently she has exchanged 20,000 to 30,000 e-mails, at least that many pages of e-mails

with general john allen. john allen replaced general petraeus in afghanistan. now, these e-mails have been discovered and are under investigation by the inspector general at the pentagon. what was their relationship? we do not know. that question was not answered by senior defense officials. but they do say that allen denies any inappropriateness, any wrongdoing. interestingly he was already in town for a confirmation hearing that was previously scheduled for thursday. they were moving him from afghanistan to europe to oversee our forces there. that requires senate confirmation. he was here preparing for that. now according to the defense secretary who made the initial announcement early this morning about this new investigation, that confirmation is on hold. he keeps his job until they have some evidence that there was any wrong doing, which of course he denies. until the investigation has cleared him, he keeps his job. meantime, the general who was going to replace allen in

afghanistan, they're asking the senate to fast track that confirmation. lots of moving parts in this one. jon. >> thank you very much on that one. we'll keep everybody posted. thanks to a heavy weekend of snow, some tahoe ski resorts are planning to open up early. heavenly and north star plan to get things going tomorrow while kirkwood says it's going to open on friday. over the weekend you can see the sierra getting more than two feet of snow so they're ready to rock and roll. >> they have got the snow machines going too to add to it. >> you get a twinkle in your eye when the snow starts happening. >> i say we just make the road trip on friday. >> i'll sit in the lodge and sip on some hot cocoa. >> maybe i'll get a tobaggen. if you're headed up to tahoe, it's going to be nice and chilly but we're expecting more snowfall. what i can tell you is if you want the freshest powder, yeah, i would hold off until saturday.

we've got another system coming through. then actually you get to ride the slopes with the snow coming down. that's always a rare treat. 5:44. beautiful, clear conditions over the golden gate bridge this morning. it is a lovely start to the day, crystal clear conditions, no fog to point out. 43 in san jose, 36 in gilroy. area of low pressure will bring very, very light showers, pesky shower to the north bay. if you live north of the golden gate bridge, grab that umbrella the first part of the day. but high pressure builds in quickly. that is going to drive that system out of our area and temperatures are going to warm up nicely into the 70s. today a few high clouds so filtered sunshine from time to time. as we head through your wednesday, we will peak i terms of warmth and temperatures will be just perfect for outdoor activiti activities. as a result, we'll see temperatures really comfortable all week long. might even be easier for you to hit the slopes with just a four-day workweek. 69 degrees in san jose. so here it goes. 72 degrees today, up to 75

tomorrow. we'll hold on to the low 70s by thursday an then it starts to get a little dicey. an area of low pressure comes through the beay area. some pretty good snowfall in the sierra nevada above 6,000 feet. saturday into sunday another system starts to drop into the bay area and this is hard to gauge right now. it looks like it has the potential of tapping into subtropical moisture. if that's the case, we could get dumped on but it doesn't seem to be the case. we're keeping your rain nice and light sunday into monday. count on a wet pattern redeveloping late sunday into monday. let's get you to work on time. >> you know that abbreviated workweek means we had yesterday off and that kind of shifts things over as well. we're seeing a first burst as we expect but look at the map. it's not playing out the same way we typically see, especially on a tuesday. just mild slowing. we usually see a good stretch of slowdown so this might be a little easier build.

we'll reserve that for a few more minutes until we see how things are shaping up. 17 a little slowing through the construction zone but typical heading down toward the summit, toward bear creek. here highway 9 at glen arbor, we do have reports of wires down and that might affect the entire intersection there but it's kind of a multi-faceted intersection. basically if you don't need to go through ben lomond don't right now. there are 3,000 customers without power. looking over towards sunol, there's a smooth drive out of the pleasanton. 580 pretty light largely because of all the folks held up here, west 580 coming up toward mountain house. we still have a sig alert. look at all that backup. that's good news for most of our viewers because that's holding up traffic out of the altamont pass. once they unleash that, you'll see the slowing through the tri-valley. we'll get a live look and see how things are shaping up. we'll end with this view of westbound 80 and the build. you're still around the 50s,

upper 50s coming down through berkeley. back to you. right now we have breaking news to tell you about out of daly city. let's get you a look here where it is on the map. evacuations under way near hillside park. this is because of flooding in that area. we give you a live look, our chopper is on scene there. mud and debris covering the streets this morning. crews from the water department are on scene and they say they are working on some kind of leak. we do have a crew on the scene. christie smith is there gathering information for us. we will bring you the latest on that flooding situation, evacuation in daly city coming up in a little bit. this morning a san mateo county judge decides how to proceed after throwing out the murder charges against a man convicted of killing his once best friend. the judge also said police violated gregory elarm's fifth amendment rights by ignoring his request for an attorney. he was charged with the murder for the shooting death of david lewis outside the hillsdale

shopping center back in 2010. the south bay mom accused of using her daughter to help her rob a grocery store is expected to enter a plea today. marcia rico was arrested last month. police say he left her then 10 yaurld daughter with a cartful of stolen groceries in morgan hill. she said she did it because she had financial trouble. she is expected to be in court this afternoon entering her plea. 49ers quarterback alex smith may remain on the sideline during monday night's game against the bears. smith got a concussion on sunday and he was feeling reportedly less woozy yesterday, but he still needs to be cleared by a neurologist before he can even practice. even if he does practice, that doesn't guarantee he can play. smith must be completely symptom-free during a contact practice before he's even cleared by doctors. >> niners hoping to have him back soon but got to make sure he is healthy. to the ball yard where major

league baseball is all set to anoun the managers of the year. both the giants and a's in the hunt. the giants manager bruce bochy of course getting all kinds of credit for that phenomenal playoff run and of course locking in another world series title. that is two in the last three years. he's got a great shot. on the american league side, a's manager bob melvin credited with taking a team a lot of people counted out of the playoff picture at the beginning of the season, took them all the way to the a.l. west division title. it's 5:49. coming up, the show sold out in a matter of hours but it won't take divine intervention to get your hands on tickets to the "book of more mmmormon." plus target employees seeing red over a new plan to open on thanksgiving. and right now a live look over sman jose. temperatures brisk and cool. christina loren says we'll get sunshine and slightly warmer than yesterday so plan accordingly. it is 5:50.

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good morning. how are you feeling this morning? it is tuesday. this is a live look on the port of oakland out there. always illuminated bright before the sun comes up. it is 5:52. it may take a miracle, jon, in order to score some tickets to one of the hottest broadway shows in town. "book of mormon" begins later this month. the show has long been sold out, but producers say they're actually going to hold daily lotteries for a limited number

of seats. names will be drawn 90 minutes before the curtain goes up. "book of mormon" won nine tony awards, including one for best musical. nothing like an early start. target says it will open up on thanksgiving to help get a jump on your holiday shopping, but scott mcgrew says some people seeing red. >> reporter: yeah, those who wear red at target. employees have started a petition to ask them to reconsider the early opening on thanksgiving. obviously the problem with opening on thanksgiving itself means people have to work thanksgiving instead of spending time with their families. a letter addressed to the target ceo says in part, quote, give thanksgiving back to the families. the world won't end if people have to wait seven more hours to buy useless junk that will be outdated in a year anyway. that written by a california target employee who started the petition. other news, the guy lots of people thought would be the next ceo of microsoft doesn't work at

microsoft anymore. he was a big deal at the company overseeing windows 8, which just hit the market. by all accounts a very smart guy who did not get along with others very well. now, whether it was his idea to leave or whether he was shown the door, that's not totally clear. îiq fortt this morning and he points out the similarities between that and scott appestill. both were hard to get along with at a time both companies were looking for a more unified, streamlined operation. you've got to wonder if the two of them could combine a great company. >> couple of smart guys combining forces, why not. >> thank you very much. keeping tabs on the forecast for us, meteorologist christina

loren. how are we looking now? >> oh, we're looking good. good morning to you. thanks for waking up with us each and every weekday. today is going to be spectacular outside. temperatures are going to climb into the 70s in los gatos, 72 o for morgan hill. the east bay tri-valley looking towards 72 in livermore, 68 in alameda today and 64 at bodega bay. i'm forecasting about 70 in santa cruz. if you actually want to hit the beach in november, you'll be able to do so today. an even better chance tomorrow as temperatures climb and the rain moves in. we'll detail that for you coming up. 5:55. let's check on your drive on a traffic tuesday. >> traffic tuesday is what we usually call it but this is the tuesday after a holiday. it looks like folks are easing back into the workweek. we'll look over here to 101 where we do have that burst we expected about 15 minutes ago now finally hitting. the map shows you the slowing north really kicking in towards 880. the rest of the south bay pretty

clear. there's a new accident on 101 i'll watch. and the bay bridge toll plaza, we have those cash lanes with the backup. we'll watch the metering lights probably turned on in about 15, guys. back to you. oxford university has named its word of the year for 2012. the word is "omnishambles." the definition, a situation that has been comprehensively mismanaged characterized by a string of blunders and miscalculations. the oxford university press says it chose the word to reflect everything from the crisis ridden preparations for the london olympics to government pr blunders. the term was first coined by writers of the british tv comedy "the thick of it." while it is the word of the year, it has not been granted entrance into the oxford english dictionary. >> it will be interesting to see how long before we hear alex trebek say that. still ahead, he thought he was being funny when police put him in jail.

see what one teenager did that sent some people running from a colorado movie theater. and we continue to follow that breaking news out of daly city this morning. take a live look out there. water leak causing evacuations this morning. christie smith will have a live report coming up. frigidaire

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frigidaire. over 90 years of legendary innovation. a swampy start to the morning as city streets flood in daly city. it is a mess. we have a live chopper shot to show it to you. we'll tell you how all this water burst out into the neighborhood. that's coming up just ahead. plus mcafee manhunt. why a multimillion dollar tech titan is on the run from the police in belize and what he's reportedly saying to the press from his hiding spot just ahead. also a csu tuition proposal really a penalty in disguise. why super seniors say fee hikes are unfair and what the governor